Motorcycling is not an activity, it is a passion. Whether you use your bike on your daily commute or only on nice weekends, being a biker is part of your identity. Most bikers know that motorcycle riding is risky. However, some do not recognize the full implications until they suffer injuries in a crash. Injuries from motorcycle accidents are often serious, permanent, and life-altering.
Negligence is a factor in most road accidents. When another’s negligence contributed to a motorcycle accident, the biker could work with a dedicated personal injury lawyer to seek money damages from the liable parties. Damages can help an injured motorcyclist begin putting their life back together and move forward. Speak to a diligent Harker Heights motorcycle accident attorney to learn about your legal options for recovering compensation.
Texas is an at-fault state, which means that in motor vehicle accidents the responsible party’s insurer must compensate the other parties for their losses. The at-fault party’s insurer might attempt to shift blame to the motorcyclist to avoid liability for the biker’s injuries. Any injured motorcyclist is smart to get help from a motorcycle accident attorney immediately after a crash, so that they have a savvy representative to negotiate with insurers.
Texas Civil Practice and Remedies Code §33.001 provides that each party in a lawsuit for damages is responsible for their own culpable actions but can seek damages from other parties who are more responsible. Thus, a negligent motorcyclist could seek damages from other parties as long as the biker holds no more than 50 percent of the blame for the accident. If insurers will not provide a reasonable settlement, a negligent motorcyclist could file a lawsuit seeking compensation from any party who holds more blame for the accident than the biker does.
There are many potential contributors to vehicle accidents. Negligent operation by motorists and bikers frequently leads to accidents, but there are other possible causes of a crash.
If the failure of a motorcycle part or a part on a vehicle caused a crash, the biker could seek damages from the manufacturer. Similarly, if the biker’s injuries were exacerbated by the failure of a piece of safety gear, such as a motorcycle helmet, the biker could claim damages from the manufacturer. Lawsuits seeking damages for injuries caused by defective products are called product liability actions. A motorbike crash lawyer could determine whether a lawsuit alleging product liability has a good chance of success in a particular case.
Municipalities also might be liable for a motorcyclist’s losses in some cases. When the poor condition of a road or inadequate signage leads to a crash, the injured party might be able to bring a lawsuit against the unit of government that is responsible for maintaining the roadway. Governments also sometimes have liability if one of their vehicles or employees was involved in the crash.
Injured people have only two years after their accident to bring a lawsuit seeking damages. An accident lawyer could use this time to reconstruct the crash, identify witnesses, secure evidence, and attempt to negotiate a settlement on behalf of an injured client. Once the two years have expired, the injured person has no leverage, and the chances of reaching a reasonable settlement diminish.
If a unit of government is potentially a liable party in a crash, it is critical that an injured biker move swiftly. Texas law requires injured parties to present a notice of claim against governmental entities within six months of the event that gave rise to the claim. If the claim is not filed on time, the injured person loses the right to seek damages from the unit of government.
A motorcycle accident is physically, emotionally, and financially traumatic. Victims should not have to deal with the additional distress of defending themselves against aggressive insurance companies trying to avoid their rightful obligations.
A local Harker Heights motorcycle accident lawyer could step in immediately after an accident to handle negotiations. Call today to learn about your rights and legal options.